[linux-elitists] GPL and binary distribution
Karsten M. Self
Mon Apr 16 16:15:41 PDT 2001
on Mon, Apr 16, 2001 at 02:37:30PM -0700, Greg KH (email@example.com) wrote:
> In discussions today with a manager at place I work (no names here, but
> it's probably obvious...) the argument was raised (yet again) that once
> we compile a GPL program, we can limit the distribution of that binary
> version (and since we use a different version of the gcc compiler from
> everyone else, our binaries are unique from everyone else's.)
You can restrict your distribution of the program.
You can restrict your section 3 obligations to "any third party" source
distribution by distributing sources with binaries when you do
You *cannot* restrict third party distribution of a GPL'd work.
Company W modifies and compiles modified version of program A under
GPL. Company W distributes A to company X, and only X, along with
both binary and source of A, under the GPL.
X now distributes A to Y, under the GPL. This is their right.
W's alternatives here are limited. Legally, W cannot retaliate and
require restriction of distribution of A. W *may* choose not to
cooperate with X in future, however A's distribution and propogation are
ensured by the GPL.
> Originally their argument was claiming that we could assert copyright on
> that binary version, but Steve Beattie (also on this list) made the very
> good point that a binary is a derived work, and hence you can't
> arbitrary claim copyright of it.
You can add your copyright claim to those of other authors. You cannot
make an exclusive claim of copyright on the work. The prior authors'
> So what I'm looking for is anything that either refutes the argument
> that we can limit the distribution of a binary version of a GPL program,
> or that supports it (I really am not looking for arguments to back up
> his point, but in fairness, and the fact that I'm afraid he's correct,
> I'll accept it :)
Hope this helps. If you have additional questions, you might look at
the OSI's license-discuss list, or contact RMS or Eben Moglen directly.
IANAL, this is not legal advice.
Karsten M. Self <firstname.lastname@example.org> http://kmself.home.netcom.com/
What part of "Gestalt" don't you understand? There is no K5 cabal
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